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Event Details

New York Appellate Practice (ROCH)

Generic Event Image
Date:
Tuesday, October 29, 2013
Time:
8:50 AM - 5:00 PM Eastern Daylight Time

Description

New York Appellate Practice

 

Tuesday, October 29, 2013 

- Location -

Holiday Inn Rochester Airport
911 Brooks Avenue
Rochester, NY 14624
(585) 328-6000 
 

Co-Sponsors
NYSBA Committee on Courts of Appellate Jurisdiction
NYSBA Committee on Continuing Legal Education

 

We thank AppealTech and Counsel Press for being corporate sponsors of this program.

       

Counsel Press logo
 

7.5 TOTAL CREDITS: 2.5 credit hours of professional practice and/ or practice management; 4.0 credit hours of skills; 1.0 credit hour in ethics.

This basic-to-intermediate-level course has been approved for MCLE credit in New York for all attorneys, including newly admitted (less than 24 months).

 

This traditionally popular, basic-level course produced by the Association’s Committee on Courts of Appellate Jurisdiction will address the “nuts-and-bolts” requirements, recommended tactics and necessary legal theory behind the successful taking and perfecting of a civil appeal in New York State’s appellate courts. Although designed primarily for practitioners who have not had extensive New York appellate experience, the program will also serve seasoned appellate lawyers as a useful up-to-date review of the numerous details one must know and master to handle a civil appeal in New York. Where appropriate, speakers will call attention to significant differences between civil and criminal appellate practice.

The well-rounded faculty consists of judges, court personnel and experienced practitioners who will offer their valuable perspectives in discussing the practical and strategic considerations involved in the program’s topics. The speakers also will highlight recommended techniques of oral argument by specific examples and case studies.

The speakers will focus their presentations and comments on the practice and procedure of the Fourth Department.

Each registrant will receive as part of the course materials the 2012 NYSBA booklet, The Rules of the Appellate Divisions. Prepared by practitioners for practitioners, under the auspices of the Committee on Courts of Appellate Jurisdiction, this handy, easy-to-use guide highlights the rules that govern motion and appellate practice in the Appellate Divisions. Each entry in this chart gives you the summary of and citation to the rule in each Department that governs that part of an appeal.


Program Agenda

8:30-8:50 a.m.
REGISTRATION
(outside meeting room)

8:50-9:00
INTRODUCTION AND OVERVIEW

Alan J. Pierce, Esq.; David H. Tennant, Esq.

9:00-9:30
OVERVIEW OF APPELLATE PRACTICE IN NEW YORK STATE COURTS – ARE YOU AGGRIEVED? DO YOU HAVE A PRESERVED ERROR AND APPEALABLE PAPER? 

Julian B. Modesti, Esq.

9:30-10:15
ADVANCED CONCEPTS IN APPELLATE PRACTICE 

Elliott Scheinberg, Esq.

10:15-10:25
THE SECRET LIFE OF A BRIEF: AN INSTRUCTIONAL VIDEO FROM THE FOURTH DEPARTMENT 

With an Introduction by Hon. Frances E. Cafarell

10:25-10:40
WHAT EVERY LAWYER SHOULD KNOW ABOUT THE FOURTH DEPARTMENT’S CLERK’S OFFICE 

Hon. Frances E. Cafarell

10:40-10:55
Coffee Break

10:55-11:45
WHAT WOULD YOU DO? REAL WORLD ETHICAL DILEMMAS FACED BY APPELLATE COUNSEL 

David H. Tennant, Esq. and Matthew K. Corbin, Esq.

11:45-12:30 p.m.
BRIEF WRITING - TOP TEN TIPS

Alan J. Pierce, Esq.

12:30-1:30
LUNCH
(on your own)

1:30-1:55
ORAL ARGUMENT - TOP TEN TIPS 

A. Vincent Buzard, Esq.

1:55-2:45
APPELLATE TIPS FROM THE JUSTICES OF THE FOURTH DEPARTMENT

Hon. Nancy E. Smith; Hon. John V. Centra; Hon. Erin M. Peradotto; Hon. Eugene M. Fahey

2:45-3:15
ORAL ARGUMENT ROUNDTABLE, INCLUDING A VIDEO OF AN ACTUAL ORAL ARGUMENT IN THE COURT OF APPEALS 

Panel

3:15-3:30
Coffee/Soft Drink Break

3:30-4:15
APPELLATE PRACTICE IN THE NEW YORK COURT OF APPEALS 

Hon. Eugene F. Pigott

4:15-5:00 p.m.
PERSPECTIVES ON APPELLATE PRACTICE FROM SEVERAL APPELLATE BENCHES 

Hon. Richard C. Wesley

5:00 p.m.
ADJOURNMENT

 

Program Faculty

Program Chairs and Moderators

Alan J. Pierce, Esq.
Hancock Estabrook, LLP
Syracuse

David H. Tennant, Esq.
Nixon Peabody LLP
Rochester


Speakers (in alphabetical order)

A. Vincent Buzard, Esq.
Harris Beach PLLC
Rochester

Hon. Frances E. Cafarell
Clerk of the Court
New York State Supreme Court
Appellate Division Fourth Department
Rochester

Hon. John V. Centra
New York State Supreme Court Associate Justice
Appellate Division Fourth Department
Syracuse

Matthew K. Corbin,Esq.
Vice President and Director
Aon Risk Solutions
Kansas City, MO

Hon. Eugene M. Fahey
New York State Supreme Court Associate Justice
Appellate Division Fourth Department
Buffalo

Cynthia F. Feathers, Esq.
Attorney at Law
Albany

Denise A. Hartman, Esq.
Assistant Solicitor General
Division of Appeals and Opinions
Office of the New York Attorney General
Albany

Julian B. Modesti, Esq.
Menter, Rudin & Trivelpiece, P.C.
Syracuse

Hon. Erin M. Peradotto
New York State Supreme Court Associate Justice
Appellate Division Fourth Department
Buffalo

Hon. Eugene F. Pigott
Associate Judge
New York Court of Appeals
Albany

Alan J. Pierce, Esq.
Hancock Estabrook, LLP
Syracuse

Elliott Scheinberg, Esq.
Law Offices of Elliott Scheinberg, Esq.
Staten Island

Hon. Nancy E. Smith
New York State Supreme Court Associate Justice
Appellate Division Fourth Department
Rochester

David H. Tennant, Esq.
Nixon Peabody LLP
Rochester

Hon. Richard C. Wesley
United States Circuit Court Judge
United States Court of Appeals for the Second Circuit
New York City

 

ELECTRONIC COURSE MATERIALS (ECM)

COURSE MATERIALS FOR NYSBA CLE PROGRAMS ARE NOW DISTRIBUTED ELECTRONICALLY!

All program materials are distributed exclusively online in searchable PDF format, allowing attendees more flexibility in storing this information and allowing you to copy and paste relevant portions of the materials for specific use in your practice. A CLE NotePad © (paper) will be provided to all attendees at the live program site. The CLE NotePad © includes lined pages for taking notes on each topic, as well as any PowerPoint presentations submitted prior to printing.

Prior to a scheduled program date, all registrants will receive an email message containing a hyperlink that when clicked will provide you with access to the complete course materials in a searchable PDF format which can be downloaded to your computer using the “Save As” option under your “File” tab. Printing the complete materials is not required for attending the program. Online materials are updated periodically to reflect last minute submissions from program faculty, guaranteeing that you will always have the latest version of the materials.

Traditional printed course books may be ordered at the program site for a discounted price and will be shipped subsequent to the program date.

 

Directions

From the NYS Thruway (Route 90) Exit the New York State Thruway (coming East or West) at Exit 46-Rochester. At the exit take Interstate 390 North. Remain on Interstate 390, and exit 18A (Brooks Avenue East). Make a right at the exit and an immediate right into the driveway of the Holiday Inn Airport. Approximately 15 minutes.From Downtown Rochester take Interstate 490 West to Interstate 390 South. Take Exit 18A (Brooks Avenue East). Remain in the right hand lane and make a right into the driveway of the Holiday Inn Airport. Approximately 10 minutes.From the Greater Rochester International Airport at the exit of the Airport Complex, make a right at the light (Brooks Avenue). Remian in the right hand lane and make a right into the driveway of the Holiday Inn Airport. Approximately 2 minutes.

Reg: 8:30 a.m. Program: 8:50 a.m. - 5:00 p.m.
THIS PROGRAM IS APPROVED FOR NEW YORK MCLE FOR ALL ATTORNEYS. IMPORTANT NOTICE--PARTIAL CREDIT FOR PROGRAM SEGMENTS NOT ALLOWED: Under the New York State Continuing Legal Education Board Regulations and Guidelines, attendees at CLE programs cannot get MCLE credit for a program segment (typically, a lecture or panel, of which there are usually several in a program) unless they are present for the entire segment. Those who arrive late, depart early, or are absent for any portion of the segment WILL NOT receive credit for that program segment.
Address:
Holiday Inn Rochester Airport
911 Brooks Avenue
Rochester, NY 14624
Online Registration has closed, to register please contact the State Bar Service Center at 1-800-582-2452